The Florida Senate

440.108  Investigatory records relating to workers' compensation employer compliance; confidentiality.--

(1)  All investigatory records of the Division of Workers' Compensation made or received pursuant to s. 440.107 and any records necessary to complete an investigation are confidential and exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I of the State Constitution until the investigation is completed or ceases to be active. For purposes of this section, an investigation is considered "active" while such investigation is being conducted by the division with a reasonable, good faith belief that it may lead to the filing of administrative, civil, or criminal proceedings. An investigation does not cease to be active if the agency is proceeding with reasonable dispatch and there is a good faith belief that action may be initiated by the agency or other administrative or law enforcement agency. After an investigation is completed or ceases to be active, records relating to the investigation remain confidential and exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I of the State Constitution if disclosure would:

(a)  Jeopardize the integrity of another active investigation;

(b)  Reveal a trade secret, as defined in s. 688.002;

(c)  Reveal business or personal financial information;

(d)  Reveal the identity of a confidential source;

(e)  Defame or cause unwarranted damage to the good name or reputation of an individual or jeopardize the safety of an individual; or

(f)  Reveal investigative techniques or procedures.

(2)  This exemption is subject to the Open Government Sunset Review Act of 1995 in accordance with s. 119.15, and shall stand repealed on October 2, 2003, unless reviewed and saved from repeal through reenactment by the Legislature.

History.--s. 1, ch. 98-407.